June 11, 2021

High-Priority State Hemp and CBD Bills

This week, we’re focusing on bills where the U.S. Hemp Roundtable currently employs lobbyists on the ground to advocate for your interests. These bills are priorities for the Roundtable and are deserving of your advocacy.

California: AB 45 and SB 235 would allow CBD in food and dietary supplement products and make clear that a product is not adulterated due to the inclusion of hemp. It also establishes testing and labeling requirements for hemp products. Versions of the bills have been near passage in California since 2019 and remain an emphasis because of the size of the California consumer market. AB 45 passed the state Assembly and moved to the Senate. SB 235 unanimously passed the Senate Agriculture Committee and has been recommended for passage in a second committee. California Hemp Supporters are encouraged to use our State Action Center to urge state legislators to support AB 45 and SB 235.

Colorado: HB 1317 is a major marijuana bill moving through the Colorado legislature. There was a concerted effort to amend the bill to regulate intoxicating THCs in the adult-cannabis space, not to be sold as hemp products. The effort failed due to a lack of time in the session, but there will be a renewed effort to address these issues through regulation. We will be vigilantly involved in these discussions to ensure that no language is introduced that would inadvertently restrict hemp-derived products such as CBD.

Louisiana: HB 640 would make technical changes to Louisiana’s hemp program and clarify that ingestible hemp products may be sold. Hemp products would be limited to a total THC concentration of 0.3%, defined as delta-9, delta-8, delta-10, delta-6a, delta-7 and delta-9(11), including all isomers, acids, salts and salts of isomers. Unfortunately, the bill has some problematic elements that we’re working to remove. For example, the bill does not amend the current statutory prohibition on marketing ingestible products as “dietary,” or the prohibition on the sale of hemp products to those under 18 years of age, and it would create a 3% excise tax for consumable hemp products sold at retail. The bill unanimously passed the state House and is now being debated in the Senate.

Massachusetts: The Roundtable is proudly supporting HB 146, which would provide a legal pathway for CBD in food, beverage, and dietary supplement products. Additionally, the bill defines “hemp products” to include ingestible and topical products intended for humans and animals and would allow hemp and CBD products to be sold in Massachusetts whether manufactured in or out of state. The bill is an outgrowth of HD 2579 and is being carried by Rep. Mark Cusack, a hemp supporter and friend of the Roundtable. HB 146 also gained the support of the former House Chair of the Committee, which means that both previous House Chairs of the Committee are co-sponsors. The bill has been referred to committee, but we need your help getting a hearing date. Massachusetts Hemp Supporters are encouraged to use our State Action Center to urge state legislators to support HB 146.

Michigan: HB 4517 is designed to clarify protections for consumable hemp products, while also regulating products with intoxicating levels of total THC as part of Michigan’s marijuana program. Under the bill, total THC includes THC-A, delta-8, delta-9, delta-10 and a structural, optical, or geometric isomer of THC. The bill recently passed the state House by a huge, bipartisan margin and is headed to the Senate. Michigan Hemp Supporters are encouraged to use our State Action Center to urge state legislators to support HB 4517.

North Carolina: HB 818 is a good bill that has many strong parts. It defines “hemp products” to include all products made from hemp that are available for commercial sale (except smokable products). It revises North Carolina’s definition of “hemp” to match the definition in the 2018 Farm Bill. It makes clear that hemp is not an adulterant and that activities involving hemp may not be restricted or prohibited based solely on the inclusion of a hemp derivative. Finally, the bill creates a voluntary certification program by which cannabinoid manufacturing, packaging, and labeling can be certified as good manufacturing practices. The Roundtable worked with stakeholders and legislative leaders to improve the bill prior to its introduction and was successful in tweaking the bill’s language. North Carolina Hemp Supporters are encouraged to use our State Action Center to urge state legislators to support HB 818.